Most common knives are legal to own and carry in New York, including folding pocket knives and fixed-blade hunting knives. A few types are banned outright under Penal Law §265.01(1), such as switchblades, metal knuckle knives and cane swords. Any knife can lead to a weapons charge if police believe you meant to use it unlawfully against someone.
New York’s knife law changed in 2019, when gravity knives were removed from the banned list. Older articles online are often out of date. This guide explains the rules as they stand now.
What knives are legal in New York?
New York has no statewide limit on blade length. You can generally own and carry folding knives, kitchen knives, utility knives, multi-tools and fixed-blade hunting or fishing knives. The question is usually not the knife itself. It is the type of knife, where you carry it and what you intend to do with it.
| Knife type | Legal to own? | Legal to carry? | Law |
|---|---|---|---|
| Folding pocket knife | Yes | Generally yes | No per se ban |
| Fixed-blade hunting or kitchen knife | Yes | Generally yes, without unlawful intent | PL §265.01(2) if intent is shown |
| Gravity knife | Yes | Yes, since May 30, 2019 | Removed from PL §265.01(1) |
| Dagger, dirk, stiletto, machete, razor | Yes | Yes, but a crime with intent to use unlawfully | PL §265.01(2) |
| Switchblade | No | No | PL §§265.00, 265.01(1) |
| Pilum ballistic knife | No | No | PL §265.01(1) |
| Metal knuckle knife | No | No | PL §265.01(1) |
| Cane sword | No | No | PL §265.01(1) |
Source: Penal Law §265.01 and the definitions in Penal Law §265.00. Limited exceptions exist, such as for some hunting and fishing license holders and on-duty police and military.
What about spring-assisted and flipper knives?
Be careful here. A switchblade is defined by how the blade opens: by pressing a button or spring in the handle. Some assisted-opening knives have been treated as switchblades, depending on how the mechanism works. If you are not sure how your knife would be classified, do not carry it until you are.
Is it illegal to carry a knife in New York?
Not usually. Carrying a legal knife is not a crime by itself. It becomes a crime in two main situations:
- The knife is a banned type. Possessing a switchblade, pilum ballistic knife, metal knuckle knife or cane sword is criminal possession of a weapon in the fourth degree, no matter why you had it.
- You intended to use it unlawfully. Possessing a dagger, dirk, stiletto, dangerous knife, machete or razor with intent to use it unlawfully against another person is also fourth-degree criminal possession of a weapon.
Criminal possession of a weapon in the fourth degree is a class A misdemeanor. It carries up to 364 days in jail (Penal Law §70.15). It also creates a weapons-related criminal record, which can affect jobs, gun permits and immigration.
What is a “dangerous knife” under New York law?
The Penal Law does not list a blade length or design that makes a knife “dangerous.” Courts look at the circumstances: how the knife was carried, what was said, and what was happening when police found it.
A kitchen knife in a grocery bag is one thing. The same knife pulled out during an argument is another. Intent is usually proved from conduct and statements, which is why what you say to police matters so much. Read why speaking to police without a lawyer is risky.
Charged with a knife or weapons offense in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Where can’t you carry a knife in New York?
Even a legal knife can get you in trouble in some places:
- Schools and college campuses. School and campus codes of conduct generally ban knives. Bringing one can lead to suspension or expulsion, and police may get involved depending on the facts.
- Courthouses and government buildings. Security screening will stop you, and some buildings ban knives by rule.
- Airports and planes. Federal rules bar knives in carry-on bags.
- New York City. The city has its own rules, including limits on carrying a knife that is visible in public. Check them before you travel.
The “sensitive locations” law passed in 2022 (Penal Law §265.01-e) applies to firearms, rifles and shotguns, not knives. For gun rules, see our page on weapons charge defense in Syracuse.
Rules for people under 16
Under Penal Law §265.05, it is unlawful for anyone under 16 to possess a dangerous knife. A young person who breaks this rule is handled as a juvenile delinquent, not charged as an adult.
What if a knife was found in a car or shared space?
When police find a banned knife in a car or apartment, the question is who possessed it. New York lets prosecutors use “constructive possession,” and a car presumption can apply to some weapons found in a vehicle. Our guide to constructive possession in New York explains how that works and how it is challenged.
What happens if you’re charged with a knife offense in Syracuse?
Most knife charges are misdemeanors. They start in Syracuse City Court or a town or village court in Onondaga County, or in Auburn City Court, Oswego City Court or a local town court elsewhere in Central New York. Many people receive an appearance ticket rather than being held.
Possible outcomes depend on the facts and your record. They can include a dismissal, a reduction to a non-criminal violation, or an adjournment in contemplation of dismissal. Common defense issues include:
- Is it really a banned knife? The opening mechanism decides whether a knife is a switchblade.
- Was there proof of unlawful intent? Carrying a knife is not proof of intent by itself.
- Was the stop or search lawful? Evidence from an illegal search can be suppressed. See your constitutional rights in a criminal case.
- Who possessed it? In shared spaces, the People must link the knife to you.
Just arrested? Start with what to do after a criminal arrest in Syracuse. Keep the knife’s make and model if you know it, and do not discuss the case with anyone but your lawyer.
Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors.
Charged with criminal possession of a weapon in Syracuse or Central New York? Call 315-424-8326 for a free, confidential consultation with a team of former Onondaga County prosecutors. Phones are answered 24/7.
Frequently asked questions
Are gravity knives legal in New York now?
Yes. New York removed gravity knives from the list of banned weapons in Penal Law §265.01(1) effective May 30, 2019. Owning or carrying one is no longer a crime by itself. Like any knife, though, it can still support a weapons charge if police can show you intended to use it unlawfully against someone.
Is there a blade length limit in New York State?
State law sets no blade length limit. Whether a knife is legal depends on its type and on any proof of unlawful intent, not its length. New York City has its own local rules, so check them before carrying a knife there. Schools, courthouses and airports also have their own restrictions.
Is a switchblade illegal in New York?
Yes. Possessing a switchblade is criminal possession of a weapon in the fourth degree under Penal Law §265.01(1), a class A misdemeanor. Narrow exceptions apply, such as to some hunting and fishing license holders while hunting or fishing. Whether a spring-assisted knife counts as a switchblade depends on how it opens.
Can I carry a knife for self-defense in New York?
You can carry a legal knife, but saying you carry it to use against people can be used as evidence of intent to use it unlawfully. Using any weapon in self-defense is judged under New York’s justification rules, which are strict. Talk to a lawyer before relying on a knife for protection.
Can a knife charge be dismissed?
Sometimes. A knife charge can be dismissed or reduced if the knife is not a banned type, if there is no real proof of unlawful intent, or if the stop or search was illegal. Outcomes depend on the facts and your record, and no lawyer can promise a result. Call 315-424-8326 for a free, confidential consultation.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.